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This Hill Ain't Big Enough for the Both of Us: How the Feud Between Volume 23 Issue 2 Article 6 6-1-2016 This Hill Ain't Big Enough for the Both of Us: How the Feud Between Skiers and Snowboarders Illustrates the Inequality that Has Become the Norm in Equal Protection Land Access Claims Gregory T. Laudadio Follow this and additional works at: https://digitalcommons.law.villanova.edu/mslj Part of the Entertainment, Arts, and Sports Law Commons, and the Fourteenth Amendment Commons Recommended Citation Gregory T. Laudadio, This Hill Ain't Big Enough for the Both of Us: How the Feud Between Skiers and Snowboarders Illustrates the Inequality that Has Become the Norm in Equal Protection Land Access Claims, 23 Jeffrey S. Moorad Sports L.J. 535 (2016). Available at: https://digitalcommons.law.villanova.edu/mslj/vol23/iss2/6 This Comment is brought to you for free and open access by Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Jeffrey S. Moorad Sports Law Journal by an authorized editor of Villanova University Charles Widger School of Law Digital Repository. Laudadio: This Hill Ain't Big Enough for the Both of Us: How the Feud Betwe THIS HILL AIN’T BIG ENOUGH FOR THE BOTH OF US: HOW THE FEUD BETWEEN SKIERS AND SNOWBOARDERS ILLUSTRATES THE INEQUALITY THAT HAS BECOME THE NORM IN EQUAL PROTECTION LAND ACCESS CLAIMS “You’d be hard-fought to find two sports, two cultures that are more similar than skiing and snowboarding. Our equipment is made in the same factories, of the same materials. We live in the same towns, drink at the same bars, wear the same clothes, date, have sex, get married, and have little inter-glisse kids together. We chase the same storms, for the same reasons, and when they hit, we travel to the same places. That is, except three.”1 I. INTRODUCTION Ever since Sherman Poppen created the first snowboard in the 1960s, there has been a rift between the snowboarding and skiing communities.2 From the beginning, ski resorts prohibited snowboarders from using their hills, and so snowboarders were forced to use rough trails in the backcountry.3 The sport eventually became more mainstream in 1977, when ski liability insurance be- gan covering snowboarders.4 However, snowboarding did not reach relative popularity until the 1980s, when the younger genera- tion adopted the sport as a way to express rebellious cultural atti- tudes.5 At a time when skateboarding was taking over the streets, 1. Derek Taylor, The End to Snow-Separatism, POWDERMAG.COM (Apr. 10, 2014), http://www.powder.com/stories/end-snow-separatism/#YBX6WYUmH96ZTF vG.97 (commenting on similarities between snowboarders and skiers, and explain- ing that three ski resorts still ban snowboarding). 2. See Sam Baldwin, Snowboarding Vs Skiing: The Dying Feud, SNOWSPHERE.COM (Jan. 2006), http://www.snowsphere.com/special-features/snowboarding-vs-skiing -the-dying-feud (detailing early stages of feud between snowboarders and skiers). 3. See id. (explaining that there were still relatively few snowboarders in the 1960s and 1970s, and that for the most part it was only a “hardcore few” that tried to develop the sport). 4. See id. (citing “a man named Dimitrije” as the catalyst of this effort); see also Paul MacArthur, Top Ten Important Moments in Snowboarding History, SMITHSO- NIAN.COM (Feb. 5, 2010), http://www.smithsonianmag.com/history/the-top-ten- important-moments-in-snowboarding-history-6851590/?no-ist (summarizing most important moments in development of snowboarding). MacArthur explains that Dimitrije Milovich was a snowboarding pioneer who started the first modern snowboarding company called Winterstick. See id. 5. See Baldwin, supra note 2 (discussing how youth in punk era became inter- ested in snowboarding). (535) Published by Villanova University Charles Widger School of Law Digital Repository, 2016 1 Jeffrey S. Moorad Sports Law Journal, Vol. 23, Iss. 2 [2016], Art. 6 536 JEFFREY S. MOORAD SPORTS LAW JOURNAL [Vol. 23: p. 535 snowboarding began taking over the slopes.6 The presence of a younger crowd collided with the established decorum at ski resorts, and set off the feud that continues to this day.7 The tension between the two sports arises from differences in their traditional mentalities.8 Skiing has always been a very serious sport, requiring a substantial investment of time, training, and money.9 For skiers, having fun means training intensely, not goof- ing around with friends.10 Resorts themselves were built around the development of skiing rather than snowboarding, and many ar- gue that skiing is the more challenging and inherently dangerous of the two sports.11 On the other hand, snowboarding tends to focus on the pure joy of riding outdoors rather than commitment to competition.12 Evidence of this mentality is apparent in typical snowboarding at- tire, which is baggy and non-functional, as opposed to the tight, aerodynamic attire typically found on skiers.13 Summed up, the feud exists because “a skier who spent $4,500 on the gear he strapped to the top of his Audi . sees a snowboarder who spent less than $1000 rolling up in a ‘83 Civic hatchback having more fun than him.”14 6. See id. (explaining that kids who were interested in skateboarding also be- came interested in snowboarding). Skateboarders were known for using “features” such as curbs and benches when practicing. See id. This tended not to bother people that much on the streets, while the same action at private ski resorts caused much more backlash. See id. 7. See id. (explaining how feud was largely cultural and represented socioeco- nomic differences). 8. See, e.g., Jack Salathe, Skiers Vs Snowboarders: Why Can’t They Get Along?, HUBPAGES (Feb. 11, 2011), http://jacksalathe.hubpages.com/hub/Skiers-Vs-Snow boarders-Why-Cant-They-Get-Along (outlining basic differences between snowboarding and skiing cultures). 9. See id. (stating skiers’ perspective on their sport). Skiers are proud of the value and expense of their equipment. See id. 10. See id. (discussing how skiers are deathly proud of their sport, seeing it more as a triumph of nature and less as a leisure activity, and consequently, they are less open to change). 11. See id. (commenting how some argue that snowboarding may be harder to master than skiing). 12. See id. (summarizing snowboarders’ perspective on their sport). Unlike skiers, snowboarders are more about having fun and so are more accepting of change and innovation. See id. 13. See id. (purporting that snowboarders are more concerned about comfort and appearance than functionality). 14. See id. (speculating why skiers, who commit so much to their sport, do not want to see young snowboarders, who are perceived as reckless and low class, enjoy slopes without putting in same level of commitment). See also Christopher Solo- mon, Has Snowboarding Lost Its Edge?, N.Y. TIMES, Jan. 20, 2013, at TR1, available at http://www.nytimes.com/2013/01/20/travel/has-snowboarding-lost-its-edge.html https://digitalcommons.law.villanova.edu/mslj/vol23/iss2/6 2 Laudadio: This Hill Ain't Big Enough for the Both of Us: How the Feud Betwe 2016] THIS HILL AIN’T BIG ENOUGH 537 Some argue that after more than forty years the feud has all but died out, due in part to a possible decline in the popularity of snowboarding, an increase of athletes participating in both sports, or a general acceptance of the snowboarding culture as a whole.15 However, a recent legal battle in Utah illustrates that the feud is very much still alive.16 Alta Ski Resort (“Alta”) is a famous resort in Utah that does not allow snowboarders to use its facilities.17 Last year, Wasatch Equality (“Wasatch”), a non-profit group represent- ing snowboarders, brought a constitutional claim against Alta and the United States Forest Service (“Forest Service”), the lessor of Alta’s land.18 In Wasatch v. Alta, Wasatch argued that Alta and the Forest Service were denying snowboarders of their Fourteenth Amendment right to equal protection and Fifth Amendment right to due process because Alta and the Forest Service were prohibiting snowboarders from patronizing Alta or making use of the public (explaining how in recent decades snowboarding has declined in popularity in part because sport has become more serious and focused like skiing). 15. See Karen Schwartz, Skiing and Snowboarding: Many People Do Both Now, HUF- FINGTON POST (Jan. 11, 2012, 2:21 PM), http://www.huffingtonpost.com/huff- wires/20120111/us-travel-skiers-vs-snowboarders (discussing how as snowboarding has become more main stream, many winter athletes are participating in both sports which has led to better understanding between skiing and snowboarding communities); The Snowboarders vs. Skiers Cold War Is Over, ORLANDO SENTINEL (Nov. 10, 1996), http://articles.orlandosentinel.com/1996-11-10/travel/ 9611050801_1_snowboarders-skiers-resorts (explaining how general acceptance of snowboarding has permeated through ski resorts and general ski culture); Skiers v. Snowboarders: A Feud in the Past, GRAYS ON TRAYS, http://www.graysontrays.com/ blog/snow-culture/skiers-v-snowboarders-a-feud-in-the-past/ (last visited Sept. 10, 2015) (outlining how emergence of snowboarding as respected sport in main- stream winter sports culture, as demonstrated by its acceptance into Olympic games, has led to decline in feud between skiers and snowboarders). 16. See Megan Barber, Snowboarders Sue Alta Ski Resort, the Internet Freaks Out, CURBED SKI (Jan. 16, 2014, 12:58 PM), http://ski.curbed.com/archives/2014/01/ snowboarders-sue-alta-ski-area-the-internet-freaks-out.php; Lindsey Whitehurst, Ski- ing vs. Snowboarding: ‘Riders’ Sue Utah Ski Resort that Prohibits Their Sport, MASSLIVE (Aug. 11, 2014, 10:55 PM), http://www.masslive.com/sports/index.ssf/2014/08/ skiing_vs_snowboarding_riders.html (commenting on 2014 suit against Alta Ski Resort for not allowing snowboarders to use resort).
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